Google Agrees to $5 Billion Settlement Over Incognito Mode User Tracking

4 min read
Google Agrees to $5 Billion Settlement Over Incognito Mode User Tracking

In a significant development, Google has agreed to settle a $5 billion privacy lawsuit that accused the tech giant of collecting personal data, even when users were navigating the internet in what they believed to be the sanctuary of "incognito mode." This revelation has sparked concerns about the efficacy of private browsing features and the extent to which users can truly protect their online activities.

The Allegations

The class-action lawsuit asserted that Google misled users by leading them to believe that their internet activities would remain undisclosed while using the "incognito mode" on the Chrome browser. Despite the promise of privacy, the lawsuit claimed that Google continued tracking users' site visits and activities when they accessed websites utilizing Google's technologies.

The Reality of "Incognito" Mode

It's essential to clarify that enabling incognito or private mode in a web browser primarily allows users to surf the internet without their activity being locally saved to the browser. However, the lawsuit highlighted a critical point – websites employing advertising technologies and analytics APIs could still track users within the incognito session and potentially correlate that activity by, for example, matching their IP addresses.

The Unaccountable Trove of Information

Plaintiffs in the case argued that these activities resulted in an "unaccountable trove of information" about users who believed they had taken measures to safeguard their privacy. This revelation raises questions about the adequacy of current privacy measures and whether tech companies need to be more transparent about the limitations of their private browsing features.

One crucial aspect of the lawsuit revolves around the question of user consent. The court emphasized that Google's defense, suggesting users had consented to data collection during private browsing, lacked merit. The court highlighted that Google never explicitly informed users about the data collection practices in private mode, making it challenging to conclude that users had given explicit consent.

The Settlement

The terms of the settlement, reached recently, have not been disclosed. The lawsuit initially sought a hefty $5 billion on behalf of affected users. Lawyers for the plaintiffs anticipate presenting the final settlement agreement to a federal judge in the U.S. by February 24, pending approval. In a court filing, the judge confirmed that lawyers for Google reached a preliminary agreement to settle the class action lawsuit -- originally filed in 2020 -- which claimed that "millions of individuals" had likely been affected.

Lawyers for the plaintiffs were seeking at least $5,000 for each user it said had been tracked by the firm's Google Analytics or Ad Manager services even when in private browsing mode and not logged into their Google account.

This would have amounted to at least $5 billion, though the settlement amount will likely not reach that figure, and no amount was given for the preliminary settlement between the parties.

Implications for Privacy Advocates and Tech Companies

This settlement is likely to have broader implications for both privacy advocates and tech companies. Users are becoming increasingly concerned about the actual effectiveness of private browsing modes, prompting a need for greater transparency from tech giants regarding data collection practices. Tech companies, in turn, may need to reassess and enhance their disclosure mechanisms to ensure users are fully aware of the extent to which their privacy is protected.


The Google privacy lawsuit settlement sheds light on the evolving landscape of online privacy and the challenges users face in safeguarding their digital footprints. As technology continues to advance, it is crucial for both users and tech companies to stay informed and engaged in discussions about privacy standards, ensuring that digital experiences align with expectations and legal requirements. The outcome of this case may set a precedent for future privacy-related litigations and could spur changes in the way tech companies handle user data in purportedly private browsing modes.

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